M.Santhi Lakshmi, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.240 of 2017 M.Santhi Lakshmi .. Petitioner Vs State represented by The Inspector of Police, Alandurai Police Station, Alandurai, Coimbatore District.

.. Respondent Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the respondent herein to produce the son of the petitioner Guru Vishnu, aged 15 years before this Court and set him at liberty forthwith.

For Petitioner :

Mr.A.Tamilarasan For Respondent :

Mr.V.M.R. Rajentren Additional Public Prosecutor

O R D E R

(The order of the Court was made by S.NAGAMUTHU.,J ) The petitioner is the mother of one minor Guru Vishnu, aged 15 years. He was studying X standard in an English Convent School by name "Karunya Convent School", Coimbatore City. When he was preparing for his Board Examination, suddenly he was found missing in the month of January 2017. In this regard, the petitioner made a complaint to the respondent Police on 21.03.2017 and upon which, the present case in Crime No.4 of 2017 was registered. Despite efforts made by the petitioner as well as the Police, Minor Guru Vishnu, could not be secured. Therefore, the petitioner has filed the present Habeas Corpus Petition.

2.Today, when the Habeas Corpus Petition was taken up for hearing, Minor Guru Vishnu was produced before this Court by the respondent Police. The petitioner also appeared. We enquired the detenu - Minor Guru Vishnu. He told us that out of fear for the X standard Board Examination, he escaped from the custody of his parents and went to Villupuram and he was working in an Idly shop run on wheels. He was later secured by the Police and his relatives. Now, he wants to go back with his mother. 3.The petitioner/mother of the detenu would submit that after the missing of Minor Guru Vishnu, her husband, out of depression, fell ill and died on 09.02.2017.

4.In view of the above circumstances under which, the detenu escaped from the guardianship of the petitioner, we feel that he requires counselling and he should be closely monitored by the District Child Welfare committee. Therefore, while allowing the petitioner to take the custody of the minor Guru Vishnu, we direct the Chairman, District Child Welfare Committee, Villupuram District to visit the house of the petitioner periodically, and give counselling to the detenu and other family members, if possible with the help of the Psychologist and ensure that the minor Guru Vishnu does not have any erupt behaviour and becomes the useful citizen of this country.

5.The Chairman, District Child Welfare Committee, Villupuram shall submit a compliance report to the Registrar General of this Court on or before 03.07.2017. 6.With the above direction, the Habeas Corpus Petition is closed. However, post the matter on 03.07.2017 for compliance. jbm Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar

To 1.The Inspector of Police, Alandurai Police Station, Alandurai, Coimbatore District.

2.The Chairman, District Child Welfare Committee, Villupuram District.

3.The Public Prosecutor, High Court, Chennai.

4.The Section Officer, Criminal Section, High Court, Madras.

[for posting H.C.P. On 03/07/2017 for compliance) COPY TO The Registrar General, High Court, Madras.

H.C.P.No.240 of 2017 GJ[CO] MK:17/05/2017